Pham v. State
Annotate this CaseDefendant was convicted of first degree murder of his estranged wife, the attempted first degree murder of her boyfriend, the armed kidnapping of his stepdaughter, and armed burglary. At issue was whether the prosecutor's improper statements during closing arguments entitled defendant to a new trial; whether juror misconduct entitled defendant to a new penalty phase; whether the trial court erred in finding the prior violent felony aggravator; whether defendant's death sentence was unconstitutional because the aggravating circumstances were not alleged in the charging document; whether the trial court erred in finding the murder was heinous, atrocious, or cruel; whether the trial court erred in finding the murder cold, calculated, and premeditated; and whether defendant's death sentence was not proportionate. Upon review of the record, the court held that competent, substantial evidence existed to support defendant's murder conviction on either theory of first degree murder, as well as his convictions for attempted first degree murder, armed kidnapping, and armed burglary of a dwelling. Accordingly, the court affirmed the convictions and sentences.
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